EXTERNAL PRIVACY POLICY

 

1.        DEFINITIONS

 

1.1.                 “agreement/s” means any written agreement entered into between Sourcefin and a third party, including but not                         limited to the following agreements –

 

1.1.1.                         purchase order finance agreement;

 

1.1.2.                         supply agreement;

 

1.1.3.                         cession agreement;

 

1.1.4.                         loan agreement; and/or

 

1.1.5.                         service level agreement;

 

1.2.                 “applicable laws” means the common law and statutory law applicable in South Africa including any present or                         future constitution, decree, judgment, legislation, measure requirement, order, ordinance ,regulation, statute,                         treaty, directive, rule, guideline, practice, concession or request issued by any relevant authority, government                         body, agency, or department or any central bank or other fiscal, monetary, regulatory, self-regulatory or other                         authority or agency which is applicable to this policy;

 

1.3.                 “client” or “you” or “your” means any prospective or existing client and/or employee and/or contractor and/or                         supplier of Sourcefin;

 

1.4.                 “confidential information” means all information or data disclosed to or obtained by Sourcefin;

 

1.5.                 “consent” means consent as defined in section 1 of the POPIA;

 

1.6.                 “data subject” means the natural or juristic person to whom the personal information relates;

 

1.7.                 “information officer” means an information officer as defined in section 1 of the POPIA;

 

1.8.                 “PAIA” means Promotion of Access to Information Act, 2of 2000;

 

1.9.                 “personal information” means personal information as defined in section 1 of the POPIA;

 

1.10.              “processing” means processing as defined in section 1of the POPIA;

 

1.11.              “Sourcefin” or “we” or “us” or “our” means Sourcefin (Pty) Ltd (registration number 2020/537484/07), a company                        incorporated in accordance with the laws of the RSA;

 

1.12.              “special personal information” means special personal information as defined in section 1 of the POPIA;

 

1.13.              “the POPIA” means the Protection of Personal Information Act, 4 of 2013 as amended from time to time;

 

1.14.              “the policy” or “this policy” means this external privacy policy, as amended from time to time which can be                        accessed using the following link www.sourcefin.co.za/external-privacy-policy;

 

1.15.              “website” means Sourcefin’s website which can be accessed using the following link: www.sourcefin.co.za.

 

2.        PURPOSE OF THIS POLICY

 

2.1.                 Sourcefin takes its data protection and information security responsibilities very seriously. Sourcefin recognises                        the importance of your privacy and understands your concerns regarding security of your personal information.                        We are committed to the effective management of all personal information that is provided to us or collected by                        us during the course of our business as well as the personal information we receive from visitors to our website                        and ensuring its security and confidentiality.

2.2.                 This policy sets out how your personal information will be used by Sourcefin and your rights in relation to the                         personal information that we hold about you.

 

2.3.                 It is important that you read this policy carefully before submitting any personal information to Sourcefin.

 

2.4.                 By submitting your personal information to Sourcefin you provide consent to the processing of your personal                         information as set out in this policy.

 

2.5.                 If you submit personal information on behalf of a juristic person you hereby warrant that you are authorised to                        do so.

 

2.6.                 Please do not submit any personal information to Sourcefin if you do not agree to any of the provisions of this                         policy. If you do not consent to the provisions of this policy, or parts of the policy, Sourcefin may not be able to                         provide its services to you.

 

2.7.                 The provisions of this policy are subject to mandatory, unalterable provisions of applicable laws.

 

3.        HOW TO CONTACT US

 

Sourcefin is responsible for your personal information. If you have any comments or queries about this policy, please contact the information officer, as follows –

 

Physical address:            15 Forest Road

                                           Bramley

                                           2090

 

E-mail address:                informationofficer@sourcefin.co.za  

Attention:                          Marom Mishan

Telephone number:         010 500 3753

 

4.        AMENDMENT OF THIS POLICY

 

4.1.                 We may amend this policy from time to time for any of the following reasons –

 

4.1.1.                         to comply with changes to any legal or regulatory requirement;

 

4.1.2.                         to rectify any mistake that might be discovered from time to time;

 

4.1.3.                         to ensure that our policy is clearer and more favourable to you; and/or

 

4.1.4.                         for any reason which Sourcefin deems necessary.

 

4.2.                 Any such amendment will come into effect and become part of any agreement you have with Sourcefin on the                        date of the amendment. It is your responsibility to check the policy regularly on our website.

 

5.        PRIVACY AND INDEMNITY

 

5.1.                 Sourcefin will only use your personal information in accordance with this policy and applicable data protection                         legislation. It is important that you take all necessary and appropriate steps to protect your personal information                         yourself (for example, by ensuring that all passwords and access codes are kept secure).

 

5.2.                 We have implemented reasonable technical and operational measures to keep your personal information                         secure. However, we cannot guarantee the absolute security of any information you share with us.

 

5.3.                 You hereby indemnify Sourcefin and agree to hold Sourcefin harmless against all loss, liability (whether actual,                        contingent or otherwise), damage, cost (including legal costs on the scale as between attorney and own client and                        all additional costs) and expense of every nature which Sourcefin may suffer as a result of any security                        compromise of your personal information to unauthorised persons, provided Sourcefin complies with its                        obligations in terms of this policy and the POPIA.

6.        INFORMATION WHICH SOURCEFIN MAY COLLECT ABOUT YOU

 

6.1.                 Sourcefin may collect, including but not limited to, the following personal information –  

 

6.1.1.                         name, address (including proof of address), other contact details (e.g. email and telephone numbers),                                    gender, marital status, date and place of birth, nationality, job title, financial records, family details                                    including their relationship to you;

 

6.1.2.                         identity number, passport number, tax related information, company registration; registration information                                    and shareholding information;

 

6.1.3.                         demographic information;

 

6.1.4.                         financial or banking information and information related to your credit history;

 

6.1.5.                         BBEE information;

 

6.1.6.                         information relevant to our services;

 

6.1.7.                         details of transactions you have with us; and

 

6.1.8.                         details of agreements you have with us.

 

6.2.                 For statistical purposes, we may also collect information to analyse traffic to the website.

 

7.        HOW SOURCEFIN COLLECTS INFORMATION

 

Sourcefin is required to collect personal information –

 

7.1.                 directly from you when you complete a service application form either electronically or telephonically or by way                        of a hardcopy or electronically by our website; or

 

7.2.                 from a third party, subject to your consent.

8.        USE OF INFORMATION COLLECTED

 

Sourcefin may use your personal information to:

 

8.1.                 execute a transaction in accordance with your request;

 

8.2.                 provide and improve our services to you;

 

8.3.                 maintain and develop our relationship with you;

 

8.4.                 monitor and analyse our business;

 

8.5.                 facilitate our internal business operations and our internal due diligence;

 

8.6.                 fulfil our regulatory, legal, accounting, reporting, risk management or professional obligations;

 

8.7.                 process and respond to requests, enquiries or complaints received from you;

 

8.8.                 undertake credit verification; and

 

8.9.                 recruit employees.

 

9.        LAWFUL PURPOSES

 

9.1.                 All your information may only be processed by Sourcefin on one of the following lawful bases –

9.1.1.                         consent;

 

9.1.2.                         contract;

 

9.1.3.                         legal obligation; or

 

9.1.4.                         legitimate interest.

 

10.     FAILURE TO PROVIDE PERSONAL INFORMATION

 

10.1.              Should Sourcefin need to collect personal information in terms of an agreement that Sourcefin may have with                        you and you fail to provide the personal information when requested, we may be unable to perform in terms of                        the agreement we have or are attempting to enter into with you.

10.2.              In such case, Sourcefin is entitled to decline to provide finance and will notify you.

 

11.     RETENTION OF YOUR INFORMATION

 

Sourcefin will retain and store your personal information for the period which the data is required to serve its primary or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer.

 

12.     ACCESS TO, CORRECTION AND DELETION OF YOUR PERSONALINFORMATION

 

12.1.              You may request details of personal information which Sourcefin holds about you under PAIA. Fees to obtain a                        copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of                        whether Sourcefin holds personal information about you may be requested free of charge. If you would like a                        copy of your personal information held by Sourcefin, please review Sourcefin’s PAIA manual.

 

12.2.              You may request the correction of personal information Sourcefin holds about you. It is your responsibility to                        ensure that the personal information which Sourcefin holds about you is complete, accurate and up to date.

 

12.3.              You have a right in certain circumstances to request the destruction or deletion of personal information about                        you. If you wish to exercise this right, please contact Sourcefin using the contact details in clause 3.

 

12.4.              You have a right to object on reasonable grounds to the processing of your personal information where the                        processing is carried out in order to protect Sourcefin’s legitimate interests or your legitimate interests, unless                        the law provides for such processing.  

 

13.     DATA PROTECTION

 

13.1.              You hereby warrant, represent, and undertake that you shall at all times comply with applicable laws (including                        the POPIA) and with all of the provisions and requirements of this policy.

 

13.2.              You shall take all appropriate and reasonable steps to ensure that your acts or omissions shall not result in                        Sourcefin breaching the POPIA.

 

14.     NOTIFICATION OF SECURITY BREACH

 

You are required to notify the information officer inwriting immediately upon becoming aware of or having reasonable grounds to suspect any unauthorised or unlawful processing of personal information.

 

15.     COMPLAINTS

 

15.1.              In the event that you believe that Sourcefin has utilised your personal information contrary to applicable laws,                        you undertake to first attempt to resolve any concerns with Sourcefin’s information officer.

 

15.2.              If you are not satisfied with such process, you have the right to lodge a complaint with the information regulator,                       using the contact details listed below:

 

Tel:                       010 0235200

Fax:                      086 5003351

E-mail:                  inforeg@justice.gov.za